Who bears the expense of maintaining the pledge?

General Chapter

Al-Mughni

Book of Pledges (Collateral)

Book 13 · Issue 3 · Bab 1

Open in Qurani

Primary text

The entirety of the pledge's expenses—including its food, clothing, housing, safekeeping, security, storage, and other related costs—fall upon the mortgagor. This position is held by Malik, Al-Shafi'i, Al-Anbari, and Ishaq. The evidence provided is the Prophet's saying: "The pledge belongs to its mortgagor; for him is its profit and upon him is its liability (Ghurmuhu)." Furthermore, since maintenance is a type of necessary expenditure, it must be borne by the mortgagor, just like food. Finally, since the pledge remains the mortgagor's property, its housing and safeguarding rest upon him, similar to any other property he owns.

Supporting text

Abu Hanifa holds that the expense for housing and safekeeping falls upon the mortgagee because these costs are associated with retaining and holding the pledge.